Order of Business
- Order of Business 2 speeches
The House agrees the proposed arrangements for taking the Europol Bill, Residential Tenancies Bill and junior-cycle framework motion.
Joan Burton, Seán Barrett
- Health Supplementary Estimate 3 speeches
Deputy Kelleher seeks a timetable and debate on a possible health Supplementary Estimate, citing major overruns and home-help cuts; the Minister says its amount is unsettled and no date is available.
Billy Kelleher, Seán Barrett, Joan Burton
- Child and family support agency Bill 5 speeches
Deputy Ó Caoláin seeks the child and family support agency legislation before year-end and asks about delay consequences; the Minister says the complex Bill is being expedited, while related adoption legislation is expected next year.
Caoimhghín Ó Caoláin, Joan Burton, Seán Barrett
- Human Rights and Equality Commission Bill 5 speeches
Deputy McGrath links the Bill to fears that disability respite and care services will be cut; the Minister says publication is estimated for mid-2013.
Finian McGrath, Seán Barrett, Joan Burton
- Scrap-metal trade legislation 5 speeches
Deputy McGrath asks about promised legislation and consultation on scrap-metal trading and waste facilities, but the Ceann Comhairle directs him to submit a parliamentary question.
Seán Barrett, Mattie McGrath
- Monuments Bill 4 speeches
After light banter, the Minister says the Monuments Bill is expected to be introduced late next year.
Paul Kehoe, Mattie McGrath, Seán Barrett, Joan Burton
- Mental capacity and legal services Bills 2 speeches
Deputy Mac Lochlainn asks about two Bills; the Minister says the mental capacity legislation is due next session and the Legal Services Regulation Bill is to proceed to Committee Stage.
Pádraig Mac Lochlainn, Joan Burton
- Domestic violence legislation review 2 speeches
Deputy Harris asks when the Government’s review of domestic violence legislation will occur; the Minister says the Justice Minister is reviewing it and will provide dates.
Simon Harris, Joan Burton
- Medical Practitioners Act amendment 2 speeches
Deputy Durkan asks whether the amendment Bill’s heads have reached Cabinet; the Minister says they have not, although work continues.
Bernard Durkan, Joan Burton
- Bank guarantee expiry 2 speeches
Deputy Walsh asks whether the bank guarantee will be extended and require legislation; the Minister says the Finance Minister is addressing it and advises a parliamentary question for a timetable.
Brian Walsh, Joan Burton
- Garda station closure gagging order 7 speeches
Deputy Healy-Rae raises whether restrictions preventing gardaí discussing station closures came from the Justice Minister, but is told the Order of Business cannot address that question; the related criminal justice Bill is expected next year.
Michael Healy-Rae, Seán Barrett, Bernard Durkan, Paul Kehoe, Joan Burton
- Social welfare Bill anomalies 6 speeches
Deputy Griffin asks whether the forthcoming social welfare Bill will address unequal child-related benefits for joint-custody parents and the treatment of maintenance payments in means tests; the Ceann Comhairle advises a parliamentary question or private discussion.
Brendan Griffin, Seán Barrett
It is proposed to take No. 22, Europol Bill 2012 - Order for Report, Report and Final Stages; No. 21, Residential Tenancies (Amendment) (No. 2) Bill 2012 - Second Stage (resumed); and No. 15 - motion re A Framework for Junior Cycle, to be taken not later than 1.30 p.m. today and the order shall not resume thereafter.
It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 15 shall, if not previously concluded, be brought to a conclusion at 3.42 p.m. today and the following arrangements shall apply: the opening speeches of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes, and such Members may share their time, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and that for the purposes of Standing Order 117A: there shall be no first Friday sitting in December 2012, the first Friday of the month for January 2013 shall be Friday, 18 January, and on that day, to permit consideration of two Bills, there shall be two periods not exceeding three hours each and six hours in the aggregate and the Dáil shall adjourn no later than 4.30 p.m., and the time and date by which notice of a Bill in connection with that sitting shall be received by the clerk shall be 11 a.m. on Thursday, 20 December 2012, and related Standing Orders shall apply accordingly.
Comment on this
There are two proposals to be put to the House. Is the proposal for dealing with No. 15 agreed to? Agreed. Is the proposal for dealing with the sitting and business of the Dáil on Fridays under Standing Order 117A agreed to? Agreed.
Comment on this
There was an extraordinary announcement the other day from the Minister for Public Expenditure and Reform in reply to a parliamentary question regarding a potential Supplementary Estimate for the health area before the end of the year. There have been denials since last June that there would be any form of Supplementary Estimate in any Department, but we have highlighted a potential budget overrun of massive proportions in the Department of Health.
When will the Supplementary Estimate come before the House? Will Deputies be allowed time to debate it in view of the cutbacks on home help services, other attacks on front-line services and the diminishing funding available for people with disabilities and other key areas? Will the Minister provide a commitment that the House will be able to discuss the budget overrun and inability to manage the budget?
Comment on this
The Departments of Health and Public Expenditure and Reform are in discussions on the provision of a Supplementary Estimate, the precise amount of which has not been finalised. Further significant cost reductions are required in 2013 and 2014. Given the need to meet pressures on hospital services arising from demographic changes and the reform commitments made in the programme for Government, the initial indications are that substantial savings will have to be made again next year in the cost base of the health sector. While I am not able to give a date for taking the Supplementary Estimate, as the Deputy is aware and subject to the approval of the Ceann Comhairle, it is usual practice for Supplementary Estimates to be subject to debate and discussion in the House. I am sure the Whips will make such an arrangement when discussions on the Estimate have been finalised and decisions taken.
Comment on this
The Minister can look to the Minister for Children and Youth Affairs on her left or the official on her right to elicit information on the two Bills I propose to raise. According to replies I have received on this matter, it was intended that the child and family support agency Bill would be published and enacted in this session. Its commencement would facilitate the new child and family support agency in assuming statutory responsibility for all services for children and families as of January 2013. We are almost at the year's end. When will the legislation come before the House?
On the adoption (amendment) Bill to give legislative effect to the changes promised on foot of the passing of children's rights referendum, when will this legislation present for address and enactment?
Comment on this
As the Deputy noted, the child family support agency Bill is very important legislation. The Office of the Attorney General is working very hard on what is, as the Deputy will understand, a significant, large and complex Bill. While I am not in a position to provide a date for its introduction, the legislation is urgent and is being worked on with urgency.
On the legislation on adoption arising as a consequence of the children's rights referendum, this Bill is also being worked on and I understand it is the Minister's intention to have it before the House in the new year.
Comment on this
Will the Minister clarify if there is any concern about whether the child and family support agency legislation will be in place before the end of the year? What will be the consequences of failure to implement legislation in respect of the commencement of the new agency? It has been signalled that this will take place at the beginning of January.
Comment on this
The Attorney General is working on this substantial legislation. While work is being expedited, it is complex.
Comment on this
On the Irish Human Rights and Equality Commission Bill, does the Minister share my concerns and those of thousands of families of people with disabilities who were at the gate of the House yesterday that they may lose their respite and care services or have them cut in the next couple of weeks?
Comment on this
When will the Bill be tabled? The matter can be discussed when it comes before the House.
Comment on this
There is widespread anger about cuts in services for people with disabilities. Will the Minister support me and the families in question in relation to human rights and equality?
Comment on this
We only deal with the timeframe for taking legislation on the Order of Business. The Bill can be discussed when it comes before the House.
Comment on this
The heads of the Bill were approved by the Government in May. The estimated time of publication is the middle of next year.
Comment on this
I raise an important issue relating to the Bill I introduced last year on precious and scrap metals. I see that on Monday the Minister for the Environment-----
Comment on this
We will see about legislation and nothing else. To which Bill is the Deputy referring?
Comment on this
I refer to the monuments Bill. We could erect a monument here and one would never know. I also want to ask about the public consultation the Minister announced this week on the trade in scrap metal and a Bill on waste facility sites.
Comment on this
Deputy Mattie McGrath is not a national monument.
Comment on this
I did not say I was one, although Deputy Kehoe may soon become one. Perhaps Michael Fingleton will fund a monument for him.
Comment on this
I understand it will be introduced late next year.
Comment on this
How does one follow Deputy Mattie McGrath? When will the mental capacity Bill come before the House and when will the Legal Services Regulation Bill 2012 be before the House again?
Comment on this
The mental capacity Bill is being drafted as a priority. Progress is being made on this complex legislation and it is due to be taken in the next session. The Legal Services Regulation Bill is due to be taken on Committee Stage.
Comment on this
As part of its 16 days of action on domestic violence, Women's Aid today launched the "One in Five Women" campaign to highlight the fact that one in five Irish women experience domestic violence. The Government has given a commitment to review domestic violence legislation. Will the Minister indicate when she expects the review to take place?
Comment on this
As Christmas approaches, it is important that we are all aware of the campaign to make women, children and families, as well as men, some of whom are also subject to domestic violence, aware of remedies and protections they may have. The Minister for Justice and Equality, Deputy Alan Shatter, is reviewing this matter and I will revert to the Deputy when I have definitive dates.
Comment on this
With respect to an issue of topical importance, have the heads of the Medical Practitioners Act 2007 (Amendment) (No. 2) Bill been discussed? This promised legislation is clearly pertinent in the current climate and the Bill is due to be discussed in Cabinet. Will the Minister indicate whether the heads have been discussed and when it is likely to come before the House?
Comment on this
The heads have not yet been brought to Cabinet and it has not been the subject of discussion. Work on the Bill is ongoing.
Comment on this
I understand the bank guarantee is due to expire at the end of next month. Is it the Government's intention to extend the guarantee in its current form and, if so, will amending legislation be required?
Comment on this
I understand the Minister for Finance is addressing this issue and further legislation may be required in the near future. If the Deputy submits a parliamentary question, the Minister may be able to provide an exact timetable.
Comment on this
At yesterday's meeting of the Joint Committee on Justice, Defence and Equality I asked the Garda Commissioner, Mr. Martin Callinan, about the gagging order that has been imposed on all gardaí to prevent them from speaking about the closure of Garda stations. I wanted to find out if this was a directive from the Minister for Justice and Equality.
Comment on this
Perhaps the gagging order will be extended to the Deputy and his colleague, Deputy Mattie McGrath.
Comment on this
I put my question in the context of the criminal justice Bill.
Comment on this
It is due to be published next year.
Comment on this
On the social welfare Bill, an anomaly has come to my attention whereby parents who have legal joint custody of children are not entitled to an equal proportion of child-related benefits. Moreover, in the means testing process maintenance payments are considered an income for the recipient but are not considered an outgoing for the provider.
Comment on this
Will these matters be addressed in the forthcoming social welfare Bill?
Comment on this
We cannot deal with that issue now. The Deputy should submit a parliamentary question-----
Comment on this
It relates to promised legislation.